“In the wake of a deadlocked jury and mistrial, we’ve once again reviewed and considered the evidence in the death of John Hernandez. It has been determined that Terry Thompson will be tried again for homicide— allowing a jury of his peers to resolve this case,” Harris County District Attorney Kim Ogg said in a statement released Monday.

Coordination with the court to schedule a trial date is underway, prosecutors said.

CW39 Houston reached out to Thompson’s defense attorney, Scot Courtney, who was surprised by the announcement.

The attorney said his client will file for a change of venue in any retrial after all the publicity and evidence presented from the first trial, which accused Thompson of murdering Hernandez outside a Crosby Denny’s last year.

Courtney says jurors found his client acted in self-defense.

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He claims the deadlocked jury voted 11 - 1 in favor of not guilty on the murder charge, 10 - 2 not Guilty on manslaughter, and 8 - 4 not guilty on criminally negligent homicide.

"The jurors were listening to the evidence, were listening to facts," Courtney added.

The attorney says the DA's office appears to be bowing to protests in filing for a new trial, rather than following the facts of the case.

"Personally, I think this is a continuation of what's gotten us here is reflexive reaction to a small group of people calling for justice," Courtney said.

On Saturday, a judge declared the case a mistrial after a jury spent nearly 30 hours in deliberations. Jurors had three guilty options to weigh in on including; murder, manslaughter or criminally negligent homicide. Of course, the jury was also given a fourth option of not guilty.

Because a decision could not be made, a mistrial was declared. A mistrial is treated as if the trial never happened, so that means both sides will have to start over.

No one is more upset than the family of John Hernandez.

I ask for peace in the community Thompson was not found guilty or not guilty. The system is flawed and we must also fight to change that in the long run. We still have to continue the fight. The most important thing is that we get #JusticeForJohn#LaLuchaSigue